Welcome to Shopify Pay!
When we use the term “Personal Information” in this policy, it means any information related to an identifiable individual, but does not include the name, title, business address, or telephone number of an employee of an organization.
When we use the term “Merchant” in this policy, it means a merchant with a website powered by Shopify’s commerce platform who has enabled the Shopify Pay Service on their website.
When we use the term “Merchant Services” in this policy, it means any services we provide to our Merchants for the purposes of processing your transactions with such Merchants, and permitting Merchants to operate their businesses on the Shopify platform.
When we use the term “Services” in this policy, it means the Shopify Pay Service and the Merchant Services.
When we use the term “Shopify Pay Enabled Site” in this policy, it means any website of a Merchant with Shopify Pay enabled.
2. What information do we collect and why?
When you sign up for and use Shopify Pay on a Merchant’s website, we will collect and store your name, email address, mobile phone number (“Account Information”); your credit card information and billing address (“Payment Information”); your shipping address and the shipping method you select on the checkout page of the Shopify Pay Enabled Site (“Shipping Information”); and information related to your order details of goods and services purchased from Merchants using Shopify Pay (including information such as the type or size or other variation) (“Order Information”). Together, your Account Information, Payment Information, Shipping Information and Order Information are your “Saved Information”.
Once you enter your Account Information, Payment Information and Shipping Information on a Merchant’s website using Shopify Pay, we use this information to pre-fill your checkout information for purchases that you make in the future on any Shopify Pay Enabled Site, and in order to provide that Merchant with the Merchant Services, including supporting and processing orders, fraud prevention, authentication, and processing payments. Once you enter your Order Information on a Merchant’s website using Shopify Pay, we use this information to help customize and improve your experience when you visit the site of a Merchant that uses the Shopify Services by presenting to you goods and service that may be of interest to you and by enabling you to more easily select options that you are most likely interested in purchasing. We also may use this information to improve our Services.
When you sign up for or use Shopify Pay on a Shopify Pay Enabled Site, Shopify will place a cookie on your web browser to recognize you when you return to that Shopify Pay Enabled Site which will allow you to make purchases using your Saved Information. When you use Shopify Pay on a Merchant’s website, we may also collect your IP address and other device data (“Device Information”). We use your Device Information to recognize you when you return to a Merchant’s website.
If you sign up for Shopify Pay and then visit a new Shopify Pay Enabled Site, or if you’ve cleared your cookies, logged out, or you’re using a device that is different from the one you used to access the Shopify Pay Enabled Site during your last checkout, you will be able to access your Saved Information by inputting your email address and a verification code sent to you via SMS text message. After you verify your identity, Shopify Pay will allow you to make purchases using your Saved Information, including your Shipping Preference Information, provided that the Merchant offers the applicable shipping method.
3. Information from cookies and similar tracking technologies
What is a cookie? A cookie is a small amount of data, which may include a unique identifier. Cookies are sent to your browser from a website and stored on your device, enabling companies to recognize your device across websites and over time.
In addition to cookies, we may use your Device Information to try and predict when you are visiting a Shopify Pay Enabled Site even if we do not detect a specific cookie stored on your device.
4. When and why do we share Personal Information with third parties?
Shopify works with third parties to help provide our Services and we may share Personal Information with them to support these efforts. In certain limited circumstances, we may also be required to share information with third parties to conform to legal requirements or to respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Personal Information may be shared with third parties to prevent, investigate, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Shopify Pay Terms of Service or any other agreement related to the Services, or as otherwise required by law.
Personal Information may also be shared with a company that acquires our business, whether through merger, acquisition, bankruptcy, dissolution, reorganization, or other similar transaction or proceeding. If this happens, we will post a notice on the Shopify home page.
We will not share this information with other third parties except as necessary to provide the Services.
If you choose to complete a purchase on a Merchant website using Personal Information stored in Shopify Pay, the provision of your Personal Information to the Merchant will not be considered a transfer of Personal Information to a third party by Shopify, but rather a direct transfer of your Personal Information from you to the Merchant.
Other than Merchants, to whom you are deemed to have provided your Personal Information directly in the course of completing a transaction using Shopify Pay, Shopify is responsible for all onward transfers of Personal Information to third parties in accordance with the EU-U.S. Privacy Shield Framework, the Swiss-U.S. Privacy Shield Framework, and Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA).
Shopify will always ask for your consent before sharing your Personal Information with third parties for purposes other than those described in this Section 4.
Shopify remains responsible for Personal Information that is transferred to a third party for processing or to support our efforts in providing the Services. Any Personal Information transferred to a third party for data processing is processed in accordance with our instructions, and is subject, by law, to a comparable level of protection as that provided by Shopify. A “comparable level of protection” means a level of protection generally equivalent to that provided by Shopify.
5. What do we do with your Personal Information when you terminate your use of the Shopify Pay Service?
We will permanently delete your Personal Information from the Shopify Pay Service within a reasonable period of time.
If you completed a transaction using the Shopify Pay Service, Shopify will continue to store copies of your Personal Information received by that Merchant, for the purposes of providing the Merchant Services to that Merchant, and to comply with the law.
6. What we don’t do with your Personal Information
We do not and will never share, disclose, sell, rent, or otherwise provide Personal Information to other companies for the marketing of their own products or services.
7. How do we keep your Personal Information secure?
We follow industry standards on information security management to safeguard sensitive information, such as financial information and any other Personal Information entrusted to us. Our information security systems apply to people, processes and information technology systems on a risk management basis.
We perform annual audits to ensure our handling of your credit card information aligns with industry guidelines. We are certified as a PCI DSS Level 1 compliant service provider, which is the highest level of compliance available, and our platform is audited annually by a third-party qualified security assessor.
No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee the absolute security of your Personal Information.
8. Residents of the European Economic Area (“EEA”)
Shopify works with merchants and users around the world, including in the EEA. If you are located in the EEA, your personal information is processed by Shopify’s Irish affiliate, Shopify International Ltd. Please note that as part of our service, we may transfer your personal information to other regions, including to Canada and the United States. In order to ensure that your information is protected when transferred out of the EEA, Shopify relies on the EU-U.S. Privacy Shield (described in more detail below), as well as inter-company agreements between our various affiliates that may process your information on behalf of Shopify International Ltd.
Additionally, if you are located in the EEA, you have certain rights under European law with respect to your personal data, including the right to request access to, correct, amend, delete, or limit the use of your personal data. In order to exercise these rights, please reach out to us using the contact information below.
9. How do we protect your information across borders?
While Shopify Inc. is a Canadian company, we provide services to customers and our technology processes data from users around the world. Accordingly, Shopify may transmit your personal information outside of the country, state, or province in which you are located.
Shopify (specifically Shopify’s affiliates Shopify Data Processing (USA) Inc., Shopify Payments (USA) Inc., and Shopify (USA) Inc.) complies with the EU-U.S. Privacy Shield Framework, regarding the collection, use, and retention of Personal Information from data subjects in the European Economic Area (“EEA”), and with the Swiss-U.S. Privacy Shield Framework regarding the collection, use and retention of Personal Information from data subjects in Switzerland. In this regard, we have certified that we adhere to the Privacy Shield Principles of notice, choice, accountability for onward transfers, security, data integrity and purpose limitation, access, recourse, enforcement and liability.
If you are located in the EEA or in Switzerland, and believe that your Personal Information has been used in a manner that is not consistent with the relevant privacy policies listed above, please contact us using the information below. If your complaint or dispute remains unresolved, you may also contact the International Centre for Dispute Resolution®, the international division of the American Arbitration Association® (ICDR/AAA). This organization provides independent dispute resolution services, at no charge to you. ICDR/AAA can be contacted at http://go.adr.org/privacyshield.html.
If, after attempting to resolve a dispute through ICDR/AAA, you feel that your concerns about the use of your Personal Information have not been resolved, you may seek resolution of the issue through binding arbitration. For more information about the binding arbitration process, please visit http://www.privacyshield.gov.
By participating in the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework, Shopify’s participating U.S. entities are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. For more information about the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield, please visit http://www.privacyshield.gov. You can view Shopify’s certification statement here.
10. Control and access to your Personal Information
You retain all rights to your Personal Information and can request access to it at anytime. Please note, however, that we may require additional documentation or information to verify that the Personal Information you are requesting relates to you. In addition, Shopify takes reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information. If you want to delete your Saved Information or if you want us to stop storing your Personal Information information using Shopify Pay, please let us know by visiting shopify.com/pay and opting out by submitting your email address or by contacting us at firstname.lastname@example.org. If you opt out in this way, we will delete the Personal Information we have stored about you in Shopify Pay.
If you want to change any of your Personal Information, you can do so during your next checkout using the Shopify Pay Service. If you are unable to change your Personal Information at checkout, please contact us at email@example.com to make the required changes. It’s important to remember that if you delete or limit the use of your Personal Information, the Shopify Pay Service may not function properly.
If you have any questions about the Shopify Pay Service please visit shopify.com/pay or please contact us at firstname.lastname@example.org. If you have any questions about your Personal Information or this policy, or if you would like to make a complaint about how Shopify processes your personal data, please contact Shopify by email at email@example.com, or by using the contact details below:
Residents outside of the European Economic Area:
Attn: Chief Privacy Officer
150 Elgin St., 8th Fl.
Ottawa, ON K2P 1L4
Residents of the European Economic Area:
Shopify International Limited
Attn: Data Protection Officer
c/o Intertrust Ireland
2nd Floor 1-2 Victoria Buildings
Haddington Road Dublin 4, D04 XN32
Last updated: October 25, 2017
© 2017 Shopify Inc.
The following Shopify Pay Terms of Service (“Terms of Service”) describe the terms and conditions applicable to your use of Shopify’s Shopify Pay Service (“Shopify Pay”), a service that allows merchants with websites powered by Shopify’s commerce platform (“Merchants”) to collect and process your payment information quickly and easily at checkout. Shopify Pay works by allowing you to store your account, payment (including credit card information) shipping and order information with Shopify for use across the websites of Merchants who have Shopify Pay enabled for use by their customers.
This document is a legally binding agreement between you as the user of Shopify Pay (referred to as “you” or “your”) and Shopify Inc. and its Affiliates (referred to as “we”, “our”, “us” or “Shopify”), where “Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with Shopify Inc.
By using Shopify Pay, you agree to be bound by the Terms of Service. Any new features or tools which are added to the current Shopify Pay offering shall also be subject to these Terms of Service. You can review the current version of the Terms of Service at any time here. We reserve the right, in our sole and absolute discretion, to update and change any portion of the Terms of Service at any time by posting a notification here or otherwise communicating the notification to you. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. Your continued use of Shopify Pay after the amended Terms of Service that are posted here constitutes your agreement to, and acceptance of, the amended Terms of Service. In the event you do not agree with any such updates, your sole and exclusive remedy is to terminate your use of Shopify Pay (refer to section 3).
1. How it works
1.2 If you use Shopify Pay on a Shopify Pay Enabled Site, Shopify will place a cookie on your web browser to recognize you when you return to that Shopify Pay Enabled Site which will allow you to make purchases using your Saved Information. If you visit a Shopify Pay Enabled Site and you are not recognized by Shopify Pay (for example, because it’s your first time at that Shopify Pay Enabled Site, you’ve cleared your cookies, logged out, or you’re using a device that is different from the one you used to access the Shopify Pay Enabled Site during your last checkout), you will be able to access your Saved Information by inputting your email address and a verification code sent to you via SMS text message. After you verify your identity, Shopify Pay will allow you to make purchases using your Saved Information, including your Shipping Information provided that the Merchant offers the applicable shipping method.
1.3 Note that message and data rates may apply for any SMS messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, contact your wireless provider.
2. Shopify’s role
2.1 Shopify Pay is a way of storing your Account Information, Payment Information, Shipping Information and Order Information with Shopify so that it can be easily entered at checkout on Shopify Pay Enabled Sites. It does not change your relationship with the Merchant or with your bank or credit card company, and it does not make Shopify a party to any transactions you make using Shopify Pay. You, and not Shopify, are responsible for the purchases you make using Shopify Pay. The Merchant, and not Shopify, is responsible for providing you with the goods and services that you purchase using Shopify Pay. Shopify cannot intervene in any dispute between you and a Merchant for any transactions processed using Shopify Pay.
3. Updating or terminating your Shopify Pay account
3.1 These Terms of Service are effective unless and until they are terminated by either you or us. You may terminate these Terms of Service at any time by opting out of Shopify Pay here.
3.2 If you want to delete your Saved Information or stop storing information using Shopify Pay, please let us know by visiting http://shopify.com/pay and opting out by submitting your email address, or by contacting us at firstname.lastname@example.org. If you want to change any of your Saved Information, you can do so during your next checkout using Shopify Pay.
3.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate these Terms of Service at any time without notice to you and accordingly we may terminate your access to Shopify Pay or any part thereof.
3.4 We reserve the right to modify or terminate Shopify Pay for any reason, without notice at any time.
3.5 We reserve the right to refuse service to anyone for any reason at any time.
4. Representations and warranties
4.1 By using Shopify Pay you represent and warrant that you are at least 18 years of age, the information you provide to Shopify in using Shopify Pay is true and correct, and that you will not use Shopify Pay for any fraudulent, unlawful or abusive purpose.
5. Limitation of liability; Disclaimer of warranties
5.1 TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SHOPIFY, ITS EMPLOYEES, AGENTS, SUPPLIERS OR INDEPENDENT CONTRACTORS (THE “DISCLAIMING ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY DISCLAIMING ENTITY OR SHOPIFY PAY, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF SHOPIFY PAY, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE DISCLAIMING ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
5.2 YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SHOPIFY AND THE DISCLAIMING ENTITIES FROM ALL CLAIMS, LOSSES, DAMAGES, PENALTIES, LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, OF ANY KIND OR NATURE ARISING OUT OF OR RELATED TO A CLAIM (A) ALLEGING THAT YOUR USE OF SHOPIFY PAY INFRINGES OR VIOLATES THE RIGHTS OF A THIRD PARTY (INCLUDING ANY MERCHANT) OR VIOLATES APPLICABLE LAW; OR (B) ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE.
5.3 YOUR USE OF SHOPIFY PAY IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.
5.4 TO THE FULLEST EXTENT PERMITTED BY LAW, SHOPIFY AND THE DISCLAIMING ENTITIES MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR SHOPIFY PAY, THE CONTENT, MATERIALS, INFORMATION AND/OR FUNCTIONS AVAILABLE THROUGH SHOPIFY PAY, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION (INCLUDING SENSITIVE INFORMATION) THROUGH SHOPIFY PAY.
5.5 ANY RELIANCE ON THE MATERIAL OR INFORMATION MADE AVAILABLE THROUGH SHOPIFY PAY IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SHOPIFY PAY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE RESULT OBTAINED FROM USE OF THE SHOPIFY PAY SERVICE WILL BE ACCURATE OR RELIABLE.
6. Governing law
6.1 These Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario, without regard to principles of conflicts of laws. You and we irrevocably and unconditionally submit to the exclusive jurisdiction of the provincial and federal courts of Ontario with respect to any dispute or claim arising out of or in connection with these Terms of Service or your use of Shopify Pay. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
7.1 You may not assign these Terms of Service or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign these Terms of Service and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.
8.1 In the event that any provision of these Terms of Service is determined by a court of competent jurisdiction to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
9. Waiver and entire agreement
9.1 Shopify’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
9.3 These Terms of Service are not intended and shall not be construed to create any rights or remedies in any parties other than you and Shopify, and no other person will have the ability to assert any rights as a third party beneficiary under these Terms of Service.
10.1 Upon termination of your use of Shopify Pay or termination of these Terms of Service for any reason, the following sections shall survive termination: Sections 2, 3.6 and 4 through 10.
Last Updated: July 18, 2017